Detroit Trademark Attorney: Should I Include Words, a Logo, or Both in my Trademark Application?

It is possible to file a trademark application for your business name or tag-line (the "words") together with your pictorial logo or image (the "design").

Filing a single application with the US Patent and Trademark Office (USPTO) will save you dual costs of both attorney fees and USPTO filing fees, to be sure.

However, filing the word mark and design mark together will limit your protection in ways that you possibly cannot yet foresee.

Your Words Will Be Protected Only as Depicted In That Design

If you register your name or tag-line as a stand-alone trademark application, those words will enjoy full trademark protection.

If you register them as part of your logo or design, they will be protected only in that specific, pictorial configuration.

Two separate trademark applications--one for your words and one for your design--will ensure that your business name or tag-line will be protected regardless of its appearance, the font used, colors, or any other graphic elements surrounding it.

If You Change Your Logo, Your Business Name Will Not Lose Its Protection

Logos change. Businesses engage in new marketing efforts and re-branding efforts. Occasionally, post-formation, they may engage in an endeavor under a d/b/a pseudonym or even change their names (notably, after a merger or acquisition)--but not as often.

Generally speaking, the name of a business is maintained for a lengthy period of time without alteration.

Not so logos and graphics.

If you change your logo, you don't want to lose the trademark protection over your company name.

Trademark registration is granted as to the design appearing in the specimen included with the original application--including any words or verbiage.

The bottom line is that, if your budget permits it, it is always wiser to file two separate applications, one for your words and the other for your design.

Although the costs will be duplicate, you may not realize what you intend to do with your logo or design mark years down the line. The last thing you want is to have to repeat the application process because of a font-change 10 years after launch of your enterprise.

If you would like to schedule a telephonic consultation with Detroit Michigan Trademark Attorney John Hilla to discuss your potential trademark application, contact us here or call (734) 743-1489.

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The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

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